Evolus Inc
For the period ended Dec 31, 2024. Filed Mar 4, 2025.
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FY2024 · Filed Mar 4, 2025
EOLS$6.81-2.4%Stored close · as of Nov 10, 2026
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Item 15. Exhibits and Financial Statement Schedules
(a) The following documents are filed as part of this Annual Report on Form 10-K:
(1) Financial Statements. See Item 8 “Consolidated Financial Statements and Supplementary Data” elsewhere in this Annual Report on Form 10-K.
(2) Financial Statement Schedules. None. Financial statement schedules have been omitted because they are not applicable or the information called for is shown either in the consolidated financial statements or in the notes thereto.
(3) Exhibits. The following exhibits are filed (or incorporated by reference herein) as part of this Annual Report on Form 10-K:
EXHIBIT INDEX
| Incorporated by Reference | |||||
|---|---|---|---|---|---|
| Exhibit Number · Exhibit Title · Form · File No. · Exhibit · Filing Date · Filed Herewith(x) | |||||
| 3.1 | Amended and Restated Certificate of Incorporation. | 8-K | 001-38381 | 3.1 | 2/12/18 |
| 3.2 | Certificate of Amendment to Amended and Restated Certificate of Incorporation, dated June 12, 2023 | 8-K | 001-38381 | 3.1 | 6/14/23 |
| 3.3 | Amended and Restated Bylaws. | 8-K | 001-38381 | 3.2 | 2/12/18 |
| 4.1 | Specimen certificate evidencing shares of common stock of the Registrant. | S-1/A | 333-222478 | 4.1 | 1/25/18 |
| 4.3 | Description of Securities | 10-K | 001-38381 | 4.3 | 3/7/24 |
| 10.1‡ | Stock Purchase Agreement, dated as of September 30, 2014, by and between Strathspey Crown Holdings, LLC and ALPHAEON Corporation. | 10-K | 001-38381 | 10.1 | 3/7/24 |
| 10.2‡ | Amendment to Stock Purchase Agreement, dated as of September 30, 2014, by and between Strathspey Crown Holdings, LLC and ALPHAEON Corporation. | 10-K | 001-38381 | 10.2 | 3/7/24 |
| 10.3‡ | License and Supply Agreement, dated as of September 30, 2013, by and between Daewoong Pharmaceutical Co., Ltd. and the Registrant. | 10-K | 001-38381 | 10.3 | 3/8/23 |
| 10.4‡ | First Amendment to License and Supply Agreement, dated as of February 26, 2014, by and between Daewoong Pharmaceutical Co., Ltd. and the Registrant. | 10-K | 001-38381 | 10.4 | 3/7/24 |
| 10.5‡ | Second Amendment to License and Supply Agreement, dated as of July 15, 2014, by and between Daewoong Pharmaceutical Co., Ltd. and the Registrant. | 10-K | 001-38381 | 10.5 | 3/7/24 |
| 10.6+ | 2017 Omnibus Incentive Plan. | S-1 | 333-222478 | 10.6 | 1/9/18 |
| 10.7+ | Form of Option Award Agreement under 2017 Omnibus Incentive Plan. | S-1 | 333-222478 | 10.7 | 1/9/18 |
| 10.8+ | Form of Dueling Option Award Agreement under 2017 Omnibus Incentive Plan. | S-1 | 333-222478 | 10.8 | 1/9/18 |
| 10.9+ | Form of Restricted Shares Award Agreement under 2017 Omnibus Incentive Plan. | S-1 | 333-222478 | 10.9 | 1/9/18 |
| 10.10+ | Form of RSU Award Agreement under 2017 Omnibus Incentive Plan. | S-1 | 333-222478 | 10.10 | 1/9/18 |
| 10.11+ | Form of RSU Award Agreement under 2017 Omnibus Incentive Plan (Updated 2020) | 10-K | 001-38381 | 10.11 | 2/25/20 |
| 10.12+ | Form of Inducement Stock Option Award Agreement | S-8 | 333-263325 | 99.2 | 3/4/22 |
| 10.13+ | Form of Inducement Restricted Stock Unit Award Agreement | S-8 | 333-263325 | 99.3 | 3/4/22 |
| 10.14+ | Form of Performance Restricted Stock Unit Agreement | 10-K | 001-38381 | 10.14 | 3/8/23 | |
| 10.15+ | 2023 Inducement Incentive Plan | S-8 | 333-274906 | 99.3 | 10/6/23 | |
| 10.16+ | Form of Indemnification Agreement by and between the Registrant and its directors and officers. | S-1/A | 333-222478 | 10.11 | 1/25/18 | |
| 10.17‡ | Second Amendment to Stock Purchase Agreement, dated as of December 14, 2017, by and among SCH-AEON, LLC (f/k/a Strathspey Crown Holdings, LLC), ALPHAEON Corporation, the Registrant and J. Christopher Marmo, as Contributors’ Representative, and acknowledged by the parties listed as Contributors on the signature pages thereto. | X | ||||
| 10.18+ | Employment Agreement, dated as of May 6, 2018, by and between David Moatazedi and the Registrant. | S-1 | 333-226186 | 10.29 | 7/16/18 | |
| 10.19+ | Amendment to Employment Agreement, dated August 1, 2022, by and between Evolus, Inc. and David Moatazedi | 10-Q | 001-38381 | 10.3 | 8/2/22 | |
| 10.20+ | Amended and Restated Employment Agreement, dated August 1, 2022, by and between Evolus, Inc. and Rui Avelar, M.D. | 10-Q | 001-38381 | 10.4 | 8/2/22 | |
| 10.21+ | Employment Agreement, dated September 5, 2022, by and between Sandra Beaver and the Registrant. | 10-Q | 001-38381 | 10.1 | 11/8/22 | |
| 10.22 | Lease, dated as of May 15, 2019, between the Registrant and 520 Newport Center Drive LLC | 8-K | 001-38381 | 10.1 | 5/21/19 | |
| 10.23‡ | Settlement and License Agreement, dated February 18, 2021, by and between Evolus, Inc. and Medytox, Inc. | 10-Q | 001-38381 | 10.3 | 5/12/21 | |
| 10.24 | Share Issuance Agreement, dated February 18, 2021, by and between Evolus Inc. and Medytox, Inc. | 10-Q | 001-38381 | 10.4 | 5/12/21 | |
| 10.25‡ | Confidential Settlement and Release Agreement, dated March 23, 2021, by and between Evolus, Inc. and Daewoong Pharmaceutical Co. Ltd. | 10-Q | 001-38381 | 10.5 | 5/12/21 | |
| 10.26‡ | Third Amendment to Supply Agreement, dated March 23, 2021, by and between Evolus, Inc. and Daewoong Pharmaceutical Co. Ltd. | 10-Q | 001-38381 | 10.7 | 5/12/21 | |
| 10.27‡ | Loan Agreement, dated as of December 14, 2021, by and among Evolus, Inc. (as Borrower and a Credit Party), BioPharma Credit PLC (as Collateral Agent), BPCR Limited Partnership (as a Lender), and BioPharma Credit Investments V (Master) LP (as a Lender). | 8-K | 001-38381 | 10.1 | 12/14/21 | |
| 10.28 | First Amendment to Loan Agreement, dated April 5, 2022, by and among Evolus, Inc. (as Borrower and a Credit Party), BioPharma Credit PLC (as Collateral Agent), BPCR Limited Partnership (as a Lender), and BioPharma Credit Investments V (Master) LP (as a Lender). | 10-Q | 001-38381 | 10.2 | 8/2/22 | |
| 10.29 | Second Amendment to Loan Agreement, dated as of December 5, 2022, by and among Evolus, Inc. (as Borrower and a Credit Party), BioPharma Credit PLC (as Collateral Agent), BPCR Limited Partnership (as a Lender), and BioPharma Credit Investments V (Master) LP (as a Lender). | 8-K | 001-38381 | 10.1 | 12/8/22 | |
| 10.30‡ | Fourth Amendment to Supply Agreement, dated December 12, 2022, by and between Evolus, Inc. and Daewoong Pharmaceutical Co. Ltd. | 8-K | 001-38381 | 10.1 | 12/13/22 | |
| 10.31‡ | Fifth Amendment to Supply Agreement, dated as of April 20, 2023, by and between Daewoong Pharmaceutical Co. Ltd. and Evolus, Inc. | 10-Q | 001-38381 | 10.1 | 8/2/23 | |
| 10.32‡ | License, Supply, and Distribution Agreement, dated as of May 9, 2023 by and between Symatese S.A.S. and the Registrant | 10-Q | 001-38381 | 10.2 | 8/2/23 | |
| 10.33 | Third Amendment to Loan Agreement, dated as of May 9, 2023, by and among Evolus, Inc. (as Borrower and a Credit Party), BioPharma Credit PLC (as Collateral Agent), BPCR Limited Partnership (as a Lender), and BioPharma Credit Investments V (Master) LP (as a Lender). | 10-Q | 001-38381 | 10.3 | 8/2/23 | |
| 10.34+ | Employment Agreement, dated August 21, 2023, by and between Tomoko Yamagishi-Dressler and the Registrant. | 10-Q | 001-38381 | 10.2 | 11/7/23 | |
| 10.35‡ | License, Supply, and Distribution Agreement (Europe), dated as of December 20, 2024, by and between Evolus Pharma B.V. and Symatese Aesthetics S.A.S | 10-K | 001-38381 | 10.35 | 3/7/24 | |
| 10.36 | First Amendment to Lease, dated as of July 27, 2023, by and between the Registrant and 520 Newport Center Drive LLC | 10-K | 001-38381 | 10.36 | 3/7/24 | |
| 10.37‡ | Sixth Amendment to Supply Agreement, dated as of February 22, 2024, by and between Daewoong Pharmaceutical Co. Ltd. and Evolus, Inc. | 10-Q | 001-38381 | 10,1 | 5/7/24 | |
| 10.38 | Second Amendment to Lease, dated as of October 16, 2024, by and between the Registrant and 520 Newport Center Drive LLC | X | ||||
| 10.39+ | 2024 Employee Stock Purchase Plan | 8-K | 001-38381 | 10.1 | 6/11/24 | |
| 19 | Insider Trading Policy | X | ||||
| 21.1 | List of Subsidiaries. | X | ||||
| 23.1 | Consent of independent registered public accounting firm. | X | ||||
| 24.1 | Power of Attorney (included on signature page). | X | ||||
| 31.1 | Certification of Principal Executive Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as amended. | X | ||||
| 31.2 | Certification of Principal Financial Officer pursuant to Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as amended. | X | ||||
| 32.1# | Certifications of Principal Executive Officer and Principal Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | X | ||||
| 97 | Policy Regarding the Recoupment of Certain Compensation Payments | 10-K | 001-38381 | 97 | 3/7/24 | |
| 101.INS* | Inline XBRL Instance Document. | X | ||||
| 101.SCH* | Inline XBRL Taxonomy Extension Schema Document. | X | ||||
| 101.DEF* | Inline XBRL Taxonomy Extension Definition Linkbase Document. | X | ||||
| 101.LAB* | Inline XBRL Taxonomy Extension Label Linkbase Document. | X | ||||
| 101.PRE* | Inline XBRL Taxonomy Extension Presentation Linkbase Document. | X | ||||
| 104 | Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) | X | ||||
| + | Indicates management contract or compensatory plan. |
|---|---|
| ‡ | Portions of this exhibit have been omitted pursuant to Item 601(b)(10) of Regulation S-K. |
| # | The information in Exhibit 32.1 shall not be deemed “filed” for purposes of Section 18 of the Exchange Act of 1934, as amended, or the Exchange Act, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act or the Exchange Act (including this Annual Report on Form 10-K), unless the Registrant specifically incorporates the foregoing information into those documents by reference. |
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